Sep 23, 2021 City Council

[CALL TO ORDER]

[EXECUTIVE SESSION]

[00:00:21]

TO ORDER. HIS 4:30 ON TODAY SEPTEMBER 23, 2021.

AT THIS TIME SESSION 551.071 4 ATTORNE. SECTION 55.01 CITY.

[INDISCERNABLE]. SECTION 551.7 FOR PERSONAL MATTERS.

SECTION 551.0 BUZZFEED UTILIZES.ECTION 551 POINT PER VISITOR >> IT'S 5:30 P.M. W RECONVENE TO OPEN SESSION. WE WERE TESTED EXECUTIVE SESSION.

I WANT TO ASK COUNCILMEMBER BEARD TO PROVIDE THE VOCATION TODAY AND THEN I WANT TO

INTRODUCE YOU TO A VERY SPECIAL GUEST WE HAVE. >> ALTHOUGH IT WOULD COME BEFORE YOU TONIGHT A GRATEFUL PEOPLE. WE THANK YOU LORD FOR THE AMOUNT OF BLESSINGS THAT YOU'VE BESTOWED UPON US. LORD I ASK YOU TO GRANT US WISDOM TONIGHT AS WE CONTINUE TO STORE OUR RESOURCES FOR THE BETTERMENT OF OUR COMMUNITY.

PROBABLY PRAY A SPECIAL BLESSING ON OUR EMPLOYEE TONIGHT THAT WE ARE CELEBRATING.ORD I THANK YOU FOR THE OPPORTUNITY WE HAVE TO COME TOGETHER AND SELF GOVERN.

IN JESUS NAME. AMEN. >> I FEEL LIKE I WANT TO ASK BOB BARKER TO COME ON DOWN. WALK AROUND HERE CECILIA. SHE GOES BY CECE BY THE WAY.

SHE IS A KINDERGARTEN AT AUSTIN ELEMENTARY. SHE WANTS YOU TO KNOW THAT SHE HAS HER BROTHER WITH US HE'S IN THE FOYER WITH HIS FRIEND BEN. THIS IS LORI ÃHIS DAUGHTER.

HER NAME IS CECILIA BUT SHE GOES BY CECE. SO CECE IS GOING TO PROVIDE THE

PLEDGES FOR US TODAY. >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION, UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. NOW THE TEXAS ONE.

ÃÃINSERTABLE. >> A LITTLE PHOTO UP. IS THIS RIGHT HERE OKAY?

RIGHT IN FRONT OF THE FLAG? >> AND WE USUALLY HAVE A GIFT AND IT'S RIGHT OVER HERE CECE.

SO COUNCILMEMBER HURT REMINDED ME I SHOULD COMMUNICATE ROBERT HERE AT THE SOUTH BRANCH BREAK THE ELEVATOR IN CITY HALL IS BROKEN. IT'S MUST BE FIXED IN THE NEXT WEEK. AND SO THIS IS A LITTLE BIT DIFFERENT TODAY.

WANTED TO GIVE A COUPLE PARAMETERS. WE USUALLY HAVE A 2 OR 3 MINUTE OPPORTUNITY FOR YOU TO SPEAK. THIS WILL REDUCE TONIGHT TO ONE MINUTE.

YOU CAN SPEAK ON ANY SUBJECT YOU WANT TO SPEAK ON IN REGARDS TO AGENDA AND THEN THERE IS TIME SET ASIDE FOR PUBLIC COMMENT WHERE WE COULD TALK ABOUT ANY AND EVERYTHING.

BUT DO SO IN 60 SECONDS. ADDITIONALLY WE HAVE A NUMBER OF EMAILS SENT TO ME BE HERE TO TALK ABOUT SANCTUARY CITY. FOR THE UNBORN. THAT'S SOMETHING WE WILL TALK ABOUT TODAY. WE DID SO ABOUT A YEAR AND AND A HALF AGO I SUPPOSE SO WERE NOT GOING TO BE ABLE TO TALK ABOUT THAT. HOWEVER, DURING PUBLIC COMMENT YOU CAN SAY ANYTHING YOU WANT TO SAY. AGAIN YOU COULD DO SO WITHIN 60 SECONDS. HOPEFULLY WHEN WE MEET IN OUR FIRST WEEK OF OCTOBER WERE BACK IN HER HOME AT 555 WALNUT. IF NOT WE WILL SEE YOU HERE AGAIN.

[PRESENTATIONS, RECOGNITIONS, PROCLAMATIONS AND ANNOUNCEMENTS]

SO SHE'S GOING TO BE RECOGNIZED TODAY ALL BY HERSELF. WE WILL SHOW THE VIDEO THIS

[00:05:01]

THEN MS. HANNAH WILL MAKE SOME COMMENTS. >> I ANSWERED A JOB AD FOR A PART-TIME NUTRITIONIST AND THE WOMEN AND FOR CHILDREN PROGRAM. I GOT THAT JOB AND I WAS WORKING VERY PART-TIME AND I WAS STILL STAYING AT HOME WITH MY 4-YEAR-OLD AT THE TIME.

I DID THAT AND EVENTUALLY GREW INTO FULL TIME. GOT PROMOTED INTO THE DIRECTOR POSITION THAT A COUPLE OF OTHER POSITIONS OF THE HEALTH DEPARTMENT.

AND 20 YEARS LATER, HE REAPPEARED BEFORE COVID WE WERE REALLY KIND OF THE SILENT ARM OF PUBLIC SAFETY IS WHAT I LIKE TO REFER TO US AS. WE DO A LOT OF THINGS IN THE BACKGROUND THAT PEOPLE DON'T REALIZE THAT WE DO. WERE MAKING SURE THAT THE FOOD THAT YOU EAT IN RESTAURANTS ESSAY FOR YOU TO EAT. WE HAVE THE WIC PROGRAM.

WE DO OF COURSE INFECTIOUS DISEASE SURVEILLANCE AND CONTROL.

THE IMMUNIZATIONS PROGRAM IS ALL ABOUT PREVENTION. EVEN IN THE MYTHS OF THE PANDEMIC AND THE STRESS AND THE SADNESS AND THE DEATH AND ALL OF THOSE THINGS I THINK THAT THE LIGHT HAS BEEN THAT WE'VE GOTTEN SO MUCH SUPPORT FROM THE COMMUNITY, FROM OTHER COMMUNITY PARTNERS. WE FORGED NEW RELATIONSHIPS. WE STRENGTHEN OLD RELATIONSHIPS. THE KIND NOTES THAT PEOPLE TAKE TIME TO WRITE, YOU KNOW REALLY ARE LIFE-GIVING. IT MEAN A LOT. JUST TO SEE THAT COMMUNITY SPIRIT BEHIND US ALL FIGHTING TOWARDS SOMETHING EVEN THOUGH WE MAY NOT ALWAYS AGREE ABOUT EVERYTHING. I THINK WE ALL HAVE THE SAME GOAL I WOULD LOVE ABILENE AND WE WANT OUR COMMUNITY TO THRIVE. I LOVE TO SPEND TIME WITH MY GRANDBABY. BABY SMUGGLING IS MY HOBBY. IN MY SPARE TIME I SNUGGLE

BABIES. APPLAUSE] >> WILL ASK ANNETTE TO JOIN US.

BY THE WAY ANNETTE IS OUR OLDEST AWARD RECIPIENT THIS YEAR.

I CAN'T THINK OF A MORE CHALLENGING TIME TO BE A HEALTH DIRECTOR IN REGARDS TO COVID-19. MR. TENANT WILL SAY SOME THINGS AND RIGHT HERE I BELIEVE I'LL

GIVE YOU SOME DUTIES. MR. HANNAH COULD. >> ES, I DON'T THINK WENT AND IT BECAME THE HEALTH DIRECTOR SHE HAD ANY IDEA IN HER HEAD SHORTLY AFTER WE STARTED THE PANDEMIC. OFTEN TIMES I BLAME THE PANDEMIC ON HER.

LEFT BACK. SHE HAS DONE AN INCREDIBLE JOB. ALTHOUGH NEITHER OF US WISH TO DO THIS AGAIN. THERE'S NOT A PERSON ON THE PLANET I WOULD'VE WANTED TO DO THIS WITH OTHER THAN YOU. SHE IS AN INCREDIBLE PROFESSIONAL.HE CARES DEEPLY ABOUT THE PEOPLE IN THIS COMMUNITY AND SHE IS JUST A TREMENDOUS APPLICANT FOR ALL OF US. THINK SHE'S REALLY AN UNSUNG HERO. I'M PLEASED TO SAY TO GET A 20 YEAR RECOGNITION TODAY AND DON'T GO SNUGGLE BABIES TO OFTEN.

WE NEED YOU HERE STILL. OKAY? >> AND I COUNCIL HAS A PLAQUE COMMUNICATING TO YOU OUR APPRECIATION FOR YOU. THERE'S AN ENVELOPE THAT GIVES A TOKEN OF THE CHRISTIAN PATIENT FROM THE CITY AND THEN A COIN FROM THE CITY MANAGER.

ANYTHING YOU WANT TO SAY OR ANYBODY YOU WANT TO RECOGNIZE TODAY?

>> ALL RECOGNIZE MY WONDERFUL HUSBAND WHO HAS BEEN AN INCREDIBLE SUPPORT THROUGHOUT THIS ALMOST 2 YEARS. PATIENCE IS NOT HIS STRONG SUIT.

HE HAS EXERCISED THAT MUSCLE VERY WELL THIS YEAR AND BEEN INCREDIBLY SUPPORTIVE AND TAKING ON A MUCH BIGGER BURDEN AT HOME. THANK YOU FOR DOING THAT.

AND THEN THE INCREDIBLE MENTORS THAT I'VE HAD THROUGHOUT 20 YEARS.

PEOPLE THAT TOOK TIME TO TAKE ME ASIDE AND TELL ME A BETTER WAY TO DO THINGS WHO CARED ENOUGH TO SHOW ME HOW TO IMPROVE. JUST INCREDIBLE LEADERSHAPE TEAM MR. HANNAH AND MINDY PATTERSON AND MICHAEL RICE JUST INCREDIBLE PEOPLE TO LEARN UNDER AND OF COURSE MY CHEERLEADER IN THE AIR. HE IS ALWAYS SO SUPPORTIVE.

NOT A DAY GOES BY ADULT MAKEUP AND THINK HOW INCREDIBLY GRATEFUL I AM FOR 20 YEARS.

IT SEEMS LIKE A FOOL FLEW BY. MAYBE I'LL STAY A FEW MORE. >> WE HOPE SO.

>> I GUESS IT'S TIME FOR A PHOTO OP. [APPLAUSE]

>> WE DO HAVE ONE PROCLAMATION ON TODAY. FIRE PREVENTION WEEK.

[00:10:06]

RECEIVE THIS AWARD. [LAUGHTER]. >> FIRE PREVENTION WEEK ABILENE FIRE DEPARTMENT IS COMMITTED TO ENSURING THE SAFETY AND SECURITY OF ALL THOSE LIVING IN VISITING THE CITY. FIRE A SERIES PUBLIC CONCERN AND HOMES ARE THE LOCATIONS WHERE PEOPLE ARE THE GREATEST RISK FROM FIRE. WILDFIRES KILLED MORE THAN 207 HUNDRED 70 PEOPLE IN THE US IN 2019. FIRE DEPARTMENT RESPONDED TO 3 NORTH 39,000 HOME FIRES AND SMOKE ALARMS, SINCE SMOKE WELL BEFORE YOU CAN.

ABILITY TO DANGER IN THE EVENT OF FIRE. WHAT SHE MAY HAVE AS LITTLE AS 2 MINUTES TO ESCAPE SAFELY. WORKING SMOKE ALARMS CUT THE RISK OF DYING AND REPORTED HOME FIRES IN HALF. ABILENE RESIDENTS SHOULD ENSURE EVERYONE IN HOMEOWNER UNDERSTANDS THE SOUNDS OF ALARMS AND KNOWS HOW TO RESPOND.

MAKE SURE THERE SMOKE ALARM, CO ALARMS MEET THE NEEDS OF ALL THEIR FAMILY MEMBERS INCLUDING THOSE SENSORY OR PHYSICAL DISABILITIES. AND WHEREAS THE ABILENE FIRE DEPARTMENT IS DEDICATED TO REDUCING THE CURRENT OF HOME FIRES AND HOME FIRE INJURIES FOR PREVENTION AND PROTECTION OF EDUCATION AND WHEREAS THE 2021 FIRE PREVENTION WEEK NAME, LEARN THE SOUNDS OF FIRE SAFETY. EFFECTIVELY IT REMINDS US IT'S IMPORTANT TO LEARN THE DIFFERENT SOUNDS OF SMOKE AND CARBON MONOXIDE ALARMS. NOW FOR, THEREFORE AS MAYOR IN BEHALF OF THE CITY COUNSEL IS MY HONOR TO PROCLAIM OCTOBER 3 2021 AS FIRE PREVENTION WEEK AND URGE EACH AND EVERY CITIZEN OF ABILENE TO LEARN THE SOUNDS OF FIRE SAFETY FOR FIRE PREVENTION WEEK 2021. AND TO SUPPORT MEANINGFUL AND SAFETY ACTIVITIES AND EFFORTS OF ABILENE FIRE DEPARTMENT. ANYTHING YOU WANT TO SAY CHIEF?

>> YOU SAID QUITE A BIT.WE APPRECIATE THAT. IT'S A VERY IMPORTANT PART OF OUR CHILDREN'S EDUCATION. FIRE SAFETY WEEK. I KNOW LAST YEAR WITH COVID THINGS WERE CUT BACK. FIRE DOESN'T WAIT FOR COVID. THIS YEAR WERE RAMPING BACK UP THEM ARE DOING ALL WE CAN TO EDUCATE OUR YOUNG PEOPLE AND SPARKY IS DOING AN OUTSTANDING JOB TODAY JUST MEETING PEOPLE AND SHOWING HOW MUCH WE CARE FOR OUR COMMUNITY.

>> ANY WORDS SPARKY? [LAUGHTER]. [APPLAUSE]

>> WE WILL NOW MOVE TO THE CONSENT AGENDA. CONSISTING OF ITEMS 5 THROUGH

[CONSENT AGENDA]

AND THERE WILL BE NO SEPARATE DISCUSSION UNLESS A COUNCILMEMBER OR CITIZEN REQUEST SEPARATE DISCUSSION. ANYONE ON THE COUNCIL WANT TO LOOK AT ANY ITEM 5 THROUGH 19

SEPARATELY? >> 6. >> ANY CITIZEN WISH TO CONSENT ANY ITEM ON THE AGENDA SEPARATELY? I WILL ACCEPT A MOTION FOR

ITEMS 5 THROUGH 19 WITH AN EXCEPTION OF ITEM NUMBER 6. >> SO MOVED.> A MOTION BY COUNCILMEMBER HURT. A SECOND BY COUNCILMEMBER MCALISTER.

ANY DISCUSSION? WE ARE READY TO VOTE. [VOTING]

>> MOTION CARRIES. >> ITEM NUMBER 6 AND BECAUSE MEMBER ELVIS DO HAVE A

[6. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Approving the Abilene Cultural Affairs Council FY 2022 Budget (Mike Rains)]

QUESTION? >> NO QUESTION JUST A COMMENT. THEN WE WANT TO THANK YOU ALL THAT YOU AND THE CULTURAL AFFAIRS IN YOUR WHOLE COMMITTEE DOES TO MAKE THE QUALITY OF LIFE IN ABILENE SO MUCH BETTER. HAVE REALLY BROUGHT VISITORS TO OUR CITY AND HAVE SHOWN WHAT WE

[00:15:04]

COUNCIL THANKS YOU FOR ALL THAT YOU'D ARE AND ALL THAT YOU DO. >> THANK YOU.

I APPRECIATE IT. >> ANYMORE COMMENTS FROM THE COUNCIL? I'LL OPEN THE PUBLIC HEARING IF ANYONE WANTS TO SPEAK FOR OR AGAINST THIS ITEM.

SEE NOT ALL CLOSE THE PUBLIC HEARING. DOES COUNSEL HAVE A MOTION AND A SECOND WEEK MOTION BY COUNCILMEMBER CRAIG AND A SECOND BY COUNCILMEMBER ALBUS.

[20. Ordinance (Final Reading): Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Amending Chapter 10, Article III, “Fire Prevention Code”, Division 1, Sec. 10-46 of the Abilene Municipal Code (Cande Flores).]

[VOTING] >> MOTION CARRIES. >> WILL MOVE TO ITEM NUMBER 20.

>> GOOD EVENING COUNSEL. BEFORE YOU IS THE FINAL READING FOR THE AMENDMENT OF THE FIRE PREVENTION CODE SO LOCAL ADOPTION OF THE INTERNATIONAL FIRE CODE THIS INCLUDES AMENDMENTS THAT WERE INCLUDED IN THE FIRE CODE BOOKLET. THE INTERNATIONAL FIRE CODE IS PUBLISHED FOR THE INTERNATIONAL CODE OF COUNSEL. THIS IS UPDATED EVERY 3 YEARS AND IT COVERS FIRE PREVENTION AND FIRE PROTECTION SYSTEMS. ABILENE FIRE CODE HAS NOT BEEN UPDATED SINCE 2009. ABILENE FIRE MARSHAL IN THEIR OFFICE CREATED A COMMITTEE TO REVIEW THE 2021 CODE. THIS COMMITTEE WAS COMPRISED WITH EXPERTS FOR THE FIRE PROTECTION SYSTEM FIELD, ARCHITECTS. ONE BUILDER WAS OCCLUDED BUT AFTER THE FIRST READING HE WAS UNABLE TO CONTINUE DUE TO TIME CONSTRAINTS.

THIS COMMITTEE NEEDED TONIC MET SEVERAL TIMES AND WENT OVER THE CODE DECIDED WHICH PARTS TO KEEP IN WHICH PARTS NEEDED TO BE AMENDED. THE AMENDMENT IN CONJUNCTION WITH THE INTERNATIONAL FIRE CODE HAS RESULTED IN THE ABILENE FIRE CODE.

IT IS APPLICABLE TO ALL COMMERCIAL STRUCTURES, THE FIRE CODE DOES NOT APPLY TO FAMILY

ESIDENCES. AS IS THE WAY IT IS IN TEXAS. >> THE ABILENE FIRE MARSHAL'S OFFICE RECOMMENDS AMENDING AND APOLOGIZE BECAUSE THAT'S N CORRECT IN ARTICLE 2. IT'S CHAPTER 10 ARTICLE 3 SECTION 1046 OF THE ABILENE CODE OF ORDINANCE.

WE RECOMMEND THIS WITH THE 2021 VERSION OF THE ABILENE FIRE CODE IN THE AMENDMENTS AS

PRESENTED.RE THERE ANY QUESTIONS? >> THANK YOU CHIEF.

ANY QUESTIONS OF CHIEF FLOORS BEFORE THE PUBLIC HEARING? >> I SENT AN EMAIL WITH QUESTIONS ABOUT THE æ I JUST HAD CONCERNS ABOUT SOME OF THE POTENTIAL WAYS THAT IT COULD IMPACT IN A NEGATIVE WAY NEW CONSTRUCTION AND WHAT WE SAW LAST YEAR WITH COVID.

THERE ARE TIMES WHERE PEOPLE COULD GO ON THE WORKSITE BECAUSE DISTANCING REQUIREMENTS, MATERIAL ISSUES AND GETTING THINGS IN A TIMELY FASHION.

EFFECTIVELY OF CONSTRUCTION THAT WAS TAKEN PLACE AND THIS WOULD PUT AN EXPENSE DAY AFTER DAY AFTER DAY FOR THEM TO HAVE THIS FIRE WATCH IN PLACE OR IF THEY CHOOSE NOT TO THERE'S A FINE FOR NOT COMPLYING WITH IT. THAT'S THE WAY THE 'S ARE WORKING.

THEY WOULD BE PAYING A FINE EVERY DAY WHICH COULD TRIGGER SOMEBODY OR CAUSE A BUILDER TO REACH A POINT WHERE THEY CAN'T CONTINUE BECAUSE THEY DON'T HAVE THE FUNDS.

IT WASN'T IN THE BUDGET FOR THE BUILDING AND THEY BEEN DELAYED OUTSIDE OF WHAT THEY CAN CONTROL. THEY'VE GOT THIS REQUIREMENT THAT'S SIPHONING RUNNING AWAY FROM THEM. I JUST HAVE A CONCERN ABOUT THAT.

BECAUSE THERE'S NO LEEWAY. THERE'S NO OPPORTUNITY FOR STAFF TO WORK WITH SOMEBODY TO GIVE THEM KIND OF BREAK THERE. THAT WAS ONE OF THE CONCERNS I HAD.

MY QUESTIONS WERE RELATED TO THE NEW FIRE WATCH ON THE NEW CONSTRUCTION.

>> I HAVE SIMILAR CONCERNS ABOUT THIS. JUST FOR THE PUBLIC TO UNDERSTAND WHAT WERE TALKING ABOUT. THE CODE READS THAT A FIRE

[00:20:04]

CHIEF, IF I UNDERSTAND THIS CORRECTLY WITH THE FIRE WATCH IS THE CONTRACTOR AND SOMEONE HAS GOT TO FOOT THE BILL TO PAY SOMEONE IN ALL NONWORKING HOURS TO SIT THERE AND WATCH IT.

ANOTHER SOME ELECTRONIC TECHNOLOGY OUT THERE THAT CONTINUE MONITORING.

>> THERE IS A LITTLE BIT OF LEEWAY IN THERE. IT ACTUALLY STATES WHAT A CHANGE WAS MADE THAT SAYS FIRE MARSHAL MAY REQUIRE IT. THAT'S BASED AFTER CONVERSATIONS WITH THE BUILDER DETERMINING WHAT IS ACTUALLY BEEN PUT IN PLACE AS FAR AS SECURITY AROUND THE BUILDING. AND WHAT OTHER AVENUES THEY MAY HAVE SUCH AS ON-SITE PERSONNEL THAT ARE ACTUALLY LIVING THERE WHILE THEY'RE BEING BUILT OR THEY HAVE SECURITY THAT COMES BY EVERY SO OFTEN. FIRE WATCH REQUIRES IF SOMEONE ACTUALLY PUT EYES ON THE ACTUAL BUILDING EVERY 30 MINUTES. WHILE IT IS NOT BEEN OCCUPIED OR NOT BEING WORKED ON.

THE CODE ACTUALLY STATES THAT IT ONLY APPLIES TO BUILDINGS THAT ARE OVER 40 FEET AND 50,000. THESE ARE VERY LARGE CONSTRUCTION PROJECTS.

AS A BECOME THAT LARGE THEY BECOME A HAZARD. WHEN THEY REACH THAT MARK OF 40 FEET THEY CAN PRETTY MUCH BECOME A VERY LARGE ISSUE NOT ONLY FOR THE PEOPLE WORKING BUT FOR FIREFIGHTERS IT MAY RESPOND AND ALSO TO THE GENERAL PUBLIC WHO MAY BE LIVING AROUND THOSE AREAS. THIS ONLY DEALS WITH CERTAIN CONSTRUCTIONS.

IT DOES NOT DEAL WITH TYPE I OR TYPE II. A LARGE WAREHOUSE, LIKE A SAM'S OR WALMART OR SOMETHING LIKE THAT WOULD NOT FALL INTO THIS CATEGORY.

>> A QUESTION CHIEF FOR THE PUBLIC HEARING. >> WHAT THE LAST LINE SAYS IF REQUIRED AND YOU ST. MARY IS UP WITH THAT MEANS IF REQUIRED BY THE FIRE DEPARTMENT.

>> YES. >> SO THE RECENTLY WAY. >> THERE IS SOME AVAILABILITY

FOR CONVERSATIONS. >> OF THE LEEWAY IS TALKING ABOUT IS IF AT THE KICKOFF OF CONSTRUCTION THE DETERMINATION IS MADE THAT YOU NEED A FIRE WATCH.

THEN WE HAVE SOMETHING LIKE COVID OR MATERIAL SHORTAGE OR WHATEVER AND CONSTRUCTION IS HALTED BECAUSE NOTHING CAN BE DONE. AS HER LEEWAY AT THAT POINT FOR

YOU TO REVERSE YOUR DECISION? >> YES SIR. >> THE WAY IT'S WORDED NOW

ALLOWS? >> I THINK THE WAY IT'S WORDED NOW ALLOW SUCH AS CHANGING THAT GEORGIA SHALL TO IF IT'S REQUIRED DOES ALLOW US TO CHANGE THAT AT ANY TIME DURING

CONSTRUCTION. >> OKAY. >> DOES THE REQUIREMENT KAGAN

AS IT REACHES THE THRESHOLDS? >> WHEN IT REACHES ITS THRESHOLD OF 40 FEET.

>> IS AT A TOTAL OR WHEN IT GETS IN THE DRY QUICKBOOKS IN TOTAL.

>> YOU'VE WORKED HAND-IN-HAND WITH THESE COMMUNITIES ANYONE OFFER IN REGARDS TO ENGAGEMENT

WITH THE BUSINESS COMMUNITY. >> UNDER THE FIRE DEPARTMENT ENGAGE THE DEVELOPMENT COMMUNITY, THE THRESHOLD ARCHITECTS AND ENGINEERING COMMUNITY AND FIRE PROFESSIONALS IN TOWN TO REVIEW THE FIRE CODE. THEY TOOK TIME TO DO THAT DILIGENTLY. THE QUESTION I HAVE FOR CHIEF FLOORS IS JUST TO CLARIFY EVERYTHING IS WHEN I HEAR CHIEF SAYING IS IN THE LANGUAGE THAT'S BEEN ASKED TO ADOPT REGARDS TO THIS 40,000 OR 40 FOOT 2000 SQUARE-FOOT BASICALLY WOULD CONSTRUCTION.

THE REQUIREMENT FOR A FIRE WATCH IS 100 PERCENT DISCRETIONARY BASED OFF OF CIRCUMSTANCES PRESENT AT THE TIME. IT'S NOT MANDATORY IN ANY WAY.

>> PER THE LANGUAGE IS DISCRETIONARY, YES. >> HUNDRED PERCENT

DISCRETIONARY? >> YES PERCENT. >> ANY MORE COMMENTS BEFORE THE

PUBLIC HEARING WE. >> ADDRESS FOR CLARITY PART OF THE CONCERN I HAVE IS THE WAY THINGS WERE. YOU PROVIDED CLARITY ON THAT. I DON'T KNOW IF THAT HAS BEEN CODIFIED WILL BE ADOPT. I HAVEN'T QUESTIONS WHEN IT STARTS.

YOU SAID 40 FEET IN THE SECOND QUESTION IS WHEN DOES IT END. I DIDN'T KNOW IS THAT THEY'RE

DONE THEY GET THE SEAL. >> WHEN THE FIRE PROTECTION SYSTEM COMES ONLINE.

>> ANY STRUCTURE THAT DOES REQUIREFIRE PROTECTION SYSTEM IS THAT CORRECT?

>> MOST LIKELY YES IT WILL. >> ONCE I COMES ONLINE THAT REQUIREMENT GOES AWAY.

[00:25:02]

>> CORRECT. >> IS NOT SOMETHING THAT NEEDS TO BE CODIFIED?

>> IT MAKES SENSE THAT EXCEEDS 40 FEET IN HEIGHT AND 50,000 SQUARE FEET.

IT SAYS RIGHT THERE WHEN IT KICKS IN. >> IT DOESN'T SAY WHEN IT STOPS. AND IT DOESN'T SAY WHEN HIS HOT THRESHOLD.

MY CONCERN IS THIS IS SOME PRETTY VAGUE LANGUAGE. FRANKLY.

I LIKE SEEING THINGS VERY CLEARLY STATED SO THERE'S NO ROOM FOR SOMEONE TO GO WELL B&.

>> YOU'RE ASKING FOR SPLITS SIMPLISTIC AND LIQUIDS WHEN IT STARTS WHEN IT STARTS?

IS THAT WHAT I'M HEARING? >> IT STARTS WHEN THEY REACH THE THRESHOLD AND IT STOPS WHEN

THE FIRE PROTECTION SYSTEM GOES ONLINE. >> CAN WE ADJUST THE MOTION SO WE CAN DO THAT ONE TIME TO MAKE A MOTION TO HAVE THOSE 2 PHRASES IN REGARDS TO THE

BEGINNING OF THE END. >> BUT ALSO LIKE WHERE IT'S CLEARLY STATED WHERE SOMEBODY READS THIS THEY KNOW THESE ARE THE STEPS THAT I CAN TAKE SO I DON'T HAVE TO PROVIDE THE FIRE WATCH. IF YOU'RE GOING TO INCLUDE FENCING AND OTHER MITIGATING THINGS THAT MAY CONTRIBUTE TO THE DISCRETIONARY DECISION I LIKE TO SEE THOSE PUTTING WERE SO MANY CAN REALLY GO OKAY THESE ARE THE THINGS I GOTTA DO FOR THE WANT TO PAY SOMEBODY TO

BE THERE ALL NIGHT LONG. >> THAT SHOULD BE AN ISSUE. >> DO YOU KNOW WHAT THOSE ARE?

>> IT COULD BE VIDEO SURVEILLANCE OR SECURITY, THIRD-PARTY SECURITY.

>> THE ONLY THING ABOUT PUTTING DISCRETIONS OR THERE IS NOT DISCRETIONARY ANYMORE.

>> WE SAY IT LIKE FOR EXAMPLE. >> INCLUDING ARE NOT LIMITED TO.

WE COULD DO THAT. >> VIDEO SURVEILLANCE OR IN PERSON.

>> YOU DON'T NEED VIDEO SURVEILLANCE. >> YOU BROUGHT UP SOMETHING ABOUT FENCING? IS OFFENSIVE THAT HELPS MITIGATE THE NEED?

>> MOST CONSTRUCTION SITES HAVE FENCING BUT MOST OF IT IS NOT ADEQUATE TO KEEP PEOPLE OUT.

MOST OF IT IS JUST VISUAL. IT WOULD HAVE TO BE SOMETHING VERY SECURE.

>> SO SECURE FENCING. >> I WOULD NOT LIKE TO PUT THAT IN THERE.

>> STANLEY, DO YOU WANT TO MAKE AN AMENDED MOTION OR DO YOU THINK IT'S BETTER JUST TO GIVE STAFF A FEW WEEKS TO MAKE MODIFICATIONS. THIS IS MORE THAN JUST A FEW

ALTERATIONS. >> IT IS A LITTLE BIT MORE. IF WERE GOING TO ADD LANGUAGE TO THE FIRE CODE I WOULD ESPECIALLY WITH THE SPECIFIC CONCERNS THAT HAVE BEEN EXPRESSED I WOULD RECOMMEND ONE OF 2 WAYS.EITHER ONE WE TABLE AND WE COME BACK IN THE FIRST READING OF OCTOBER AND HAVE DROPPED LANGUAGE THAT REFLECTS COUNCIL.

OR TO COUNSEL MAX COMFORTABLE WAS SIMPLY STATING CITY MANAGER IN THE FIRE CHIEF WILL PROPAGATE RULES TO ADMINISTER THIS SECTION SOMETHING ALONG THOSE LINES IS FITTING TO YOUR POINT BUT DEVELOP A WRITTEN SET OF RULES TO BE FOLLOWED. IT COULD BE OUTSIDE THE ORDINANCE AND COULD BE AMENDED JUST BY ANOTHER STAFF DEGREE. THAT MAY BE WHAT COUNSEL MAX POINT TO SEE. IF YOU WANT SPECIFIC LANGUAGE LET US DROP OUT BRIC-A-BRAC.

>> THIS IS MY PREFERENCE BUT STABLE THIS. LET'S GIVE STAFF A CHANCE PUT IT ON VACATION. I WILL GET IT ON THE APPROPRIATE WAY SO WILL HAVE

CLARITY AND WHAT IT LOOKS LIKE. >> WE WILL CONTINUE TO HAVE A PUBLIC HEARING.

AT THIS TIME ALL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT WOULD LIKE TO SPEAK EITHER FOR OR AGAINST THIS ITEM. IF SO PLEASE STATE YOUR NAME FOR THE RECORD. I WILL CLOSE THE PUBLIC HEARING.

AS OUR MOTION TO TABLE THE COUNCIL TO GIVE A MOTION BY COUNCILMAN BEARD AND THE SECOND BY COUNCILMEMBER PRICE. ANY DISCUSSION? READY TO VOTE.

[VOTING] >> MOTION CARRIES. ASK ALL LOOPED I DELIVERED 21

[21. Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on Appointing Members to Various Boards and Commissions per the City Charter (Shawna Atkinson)]

AT THIS TIME I OPEN UP THE PUBLIC HEARING. IT WOULD WOULD LIKE TO SPEAK

FORGETS AS HAD APPEARED PLEASE STATE YOUR NAME FOR THE RECORD. >> I HAVE A CARD FROM JOSH.

>> RIVER ONE MINUTE TIME LIMIT ON THIS. >> THINK IT COMES BACK DAVID SWART FOR THE RECORD. I SEE HERE PUTTING ANOTHER PERSON ON THE STREET MAINTENANCE BOARD I KNOW LAST THURSDAY THEY CANCELED THE MEETING I DON'T KNOW IF IT'S TURN DECORUM ISSUES AGAIN. I PREVIOUSLY PEOPLE GET ON THE BOARD IT SEEMS LIKE THEY CAN COMMIT TO BEING AT THE MEETINGS. I KNOW IF I WASN'T FROM THE

[00:30:04]

I JUST WANT TO PUT IT OUT THERE THAT I WILL BE AVAILABLE AND I WILL BE ABLE TO BE THERE BE MY EXCUSE OF NOT MAKING QUORUM. I APPRECIATE WITH THE STREET COMMITTEE DOES.

FOR THE CITIZENS AND EVERYTHING. I JUST WISH WE WOULD'VE BEEN ABLE TO MEET LAST THURSDAY TO SEE HOW THINGS ARE PROGRESSING. THANK YOU VERY MUCH COUNCIL.

>> THANK YU. WERE STILL IN THE PUBLIC HEARING.

IS THERE ANYONE ELSE THAT LIKE TO SPEAK FOR OR AGAINST THIS ITEM? SEEING NO ONE CLOSE TO PUBLIC HEARING. THIS COUNCIL HAVE ANY COMMENTS OR QUESTIONS? ALL EXCEPT A MOTION AND A SECOND.

WITH A MOTION BY COUNCILMAN HURT AND THE SECOND BY COUNSEL MEMBER ALBUS.

ANY DISCUSSION? WERE READY TO VOTE.

[22. Oral Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on the Evaluation of the City Attorney]

>> MOTION CARRIES. >> ITEM NUMBER 22 FOR THE EVALUATION FOR CITY ATTORNEY.

AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. IS THERE ANYONE THAT LIKE TO SPEAK FOR OR AGAINST THIS ITEM? IF SO MOVE FORWARD AND GIVE YOUR NAME FOR THE RECORD.

OKAY SEE YOU KNOW WHAT I WILL CLOSE THE PUBLIC HEARING. DOES COUNCIL HAVE ANY COMMENTS OR QUESTIONS REGARDS TO THE EVALUATION OF OUR CITY ATTORNEY? I'LL START BY SAYING WE DID CONDUCT AN EVALUATION. MR. STANLEY SMITH.EASE MARK THE PERFORMANCE. BUT HE'S WRITER TO THIS COMMUNITY.

ANY COMMENTS FROM THE COUNCIL? ALL EXCEPT A MOTION AND A SECOND.

>> MOTION BY COUNCILMEMBER MCALISTER THE SECOND BY COUNCILMEMBER BEARD.

ANY DISCUSSION? WERE READY TO VOTE. TING]

[23. Oral Resolution: Receive a Report, Hold a Discussion and Public Hearing, and Take Action on the Evaluation of the City Secretary]

>>.

SECRETARY SEAN CONSENT. VERY PLEASED WITH HER PERFORMANCE AND LOOK FOR MANY ADDITIONAL YEARS OF SERVICE TO THIS COMMUNITY. DOES COUNCIL HAVE ANY COMMENTS OR QUESTIONS? WE HAVE A MOTION BY COUNCILMAN HURT A SECOND BY COUNCILMEMBER CRAVER. ANY ADDITIONAL DISCUSSION? WERE READY TO VOTE.

[VOTING] >> MOTION CARRIES. >> WILL NOW MOVE TO THE PUBLIC

[PUBLIC COMMENTS]

PERIOD. >> ARE 2 CARDS VERSUS DAVID SWART.

WART. >> THANK YOU COUNSEL BACK DAVID SWART FOR THE ORD SINCE WE DID HAVE OUR STREET MAINTENANCE MEETING LAST THURSDAY I WAS CAN INQUIRE IF THERE'S ANY FUND BALANCE LEFT TO TRY TO PUT IT ON THE SOUTHWEST AND INTERSECTION.

LOOK AT A NEW STREET OUT THERE BUT OUR INTERSECTION DOESN'T MATCH UP OF OF COURSE I JUST HOPE IT'S ON THE LIST IN 2022 TO MATCH IT UP WITH A NICE NEW STREET OUT THERE.

IN THE OTHER ISSUE AGAIN, ONCE AGAIN AEP IS LETTING THE CITIZENS DOWN BY TAKING OUR MUDDY AND NOT FIXING STREETLIGHTS. MICAH SAID HE PUT ME IN CHARGE OF THAT CHECKBOOK AND SAY YOU NO GOOD. IF YOU DON'T HAVE OPERATIONAL STREETLIGHTS. ALL THE WAY ON NORTH FIRST FROM WESTWOOD DRIVE BY MCDONALD'S ALL THE WAY DOWN TO HARBOR FREIGHT TOOLS WHICH IS A GOOD 10 OR 12 POLLS ARE OUT.

OBVIOUSLY IT'S A FELINE ISSUE. THEY'VE BEEN OUT FOR A LONG TIME.

I'LL GIVE YOU AN EXCUSE THAT THERE'S A HURRICANE AND WE SENT THEM ALL OVER THERE.

OR IT'S COVID. EVERY EXCUSE IN THE BOOK. YOU NEVER HEAR ABOUT ABOUT OUR WATER UTILITY SERVICES. THERE OUT OF THE FREEZING WEATHER FIXING LINES.

>> EVENTS ARE ONE MINUTE BUZZARD OVER THERE. >> THANK YOU VERY MUCH.

>> ALSO IN REGARDS TO STREET MAINTENANCE. IF YOU WOULD ALLOW TO TALK TO

DAVID AFTER THE MEETING ABOUT THE BALANCE. >> ABSOLUTELY DAVID IS ALWAYS

[00:35:01]

WELCOME.>> WERE STILL IN THE PUBLIC COMMENT. >> WE HAVE ELIZABETH MCMASTER.

>> GOOD EVENING COUNCIL WENT NAME WAS ELIZABETH SPEISER I'M SPEAKING @ ISSUE NOT ON THE AGENDA. BECAUSE MANY GROUPS FROM WITHIN AND FROM OUTSIDE OF ABILENE ARE PUSHING AN UNCONSTITUTIONAL ORDINANCE KNOWN AS A SANCTUARY CITY FOR THE UNBORN AND I WOULD LIKE TO PROACTIVELY SPEAK OUT AGAINST ANY SUCH ORDINANCE OF PTHE COUNCIL NOT ENTERTAIN THIS IDEA ANY FURTHER. I REVIEWED THE ABILENE CITY COUNSEL MEETING JANUARY 20 2020 WHICH COUNCIL DISCUSSED THIS ITEM AND JUST WANTED TO PROVIDE A SUMMARY OF THE PROFESSIONAL OPINIONS PROVIDED BY OUR CITY MANAGER AND CITY ATTORNEY AT THE TIME.

THEY BOTH RECOMMENDED COMES UP NOT CONSIDER THE PASSAGE OF ANY ORDINANCE THAT ATTEMPTS TO REGULATE AN ITEM THAT IS BEYOND THE CITIES TO REGULATE TO THAT WOULD EXPOSE THE CITY TO MUCH LEGAL AND FINANCIAL RISK. SUCH ORDINANCE WILL BE IN VIOLATION OF THE OPEN OFFICE THAT THE CITY MANAGER, ATTORNEY AND COUNCIL ALL TOOK TO PROTECT THE U.S. CONSTITUTION.

PLEASE DO NOT ENTERTAIN THIS IDEA IT WOULD BE DANGEROUS FOR OUR CITY ACROSS MUCH MORE

SCHISM AND DIVIDE. THANK YOU. >> WERE STILL IN THE PUBLIC COMMENT PERIOD. IS THERE ANYONE THAT WANTS TO PARTICIPATE THIS EVENING? SEEING NO ONE WILL CLOSE THE PUBLIC COMMENT PERIOD. IT IS 6 P.M. THIS MEETING, WE WILL CLOSE A PUBLIC C COMMENT. I WILL REOPEN THE PUBLIC COMMENT.

FOR A ONE MINUTE OPPORTUNITY. GIVE HER NAME FOR THE RECORD. >> THANK YOU VERY MUCH I'M SORRY. JIM SULLIVAN I WANTED TO LET YOU DON'T THANK YOU VERY MUCH FOR YOUR SERVICE. ABOUT 35 YEARS AGO A GROUP OF MERCHANTS FROM HICKORY STREET WERE VERY MUCH INTERESTED IN REFINANCING THE DOWNTOWN AREA NOBODY WAS DOING THAT BEFORE.

WE FORM THE COMMITTEE AND CALLED IT THE HISTORIC NEGRI STREET COMMISSION.

WE MET FOR 2 OR 3 YEARS WE WERE LOOKING UP STREETLIGHTS AND COBBLESTONE ROADS TO MAKE IT NICE AND A BUNCH OF DIFFERENT MERCHANTS WERE THERE. AFTER COUPLE YEARS DISSIPATED.

I'VE SPOKEN OUT WITH A GROUP OF MERCHANTS, NEW MERCHANTS I THINK CANDY FLORIS,, CATHOLIC BOOKS AND GIFTS ON THE EIGHTH AND HICKORY STREET. WERE THERE CELEBRATING THEIR 100TH ANNIVERSARY. IT USED TO BE THE PARAMORE DISTRICT THAT WAS OVERLAY DISTRICT. IT ALSO RAN A PIG RESTRAINT. THE ONLY THING I'M ASKING THE BOARD IS TO CONSIDER EXPANDING THE WESTERN BOUNDARY OF THE ART AND CULTURAL DISTRICT.

INSTEAD OF IT BEING AN ALLEYWAY WHICH MAKES NO SENSE. TO MOVE IT OVER TO HICKORY STREET SO WE CAN HAVE PARADES AND MAYBE A WALK. THANK YOU VERY MUCH.

>> THANK YOU. WERE STILL IN THE PUBLIC COMMENT PERIOD.

ANYONE ELSE LIKE TO SPEAK FOR THE PUBLIC COMMENT HEARING THIS EVENING? SEEING NO ONE WE WILL CLOSE THE PUBLIC COMMENT PERIOD. IT IS 6 P.M. IN THIS

* This transcript was compiled from uncorrected Closed Captioning.